CA · jury_instructions
CACI No. 2308
Affirmative Defense—Misrepresentation or Concealment in
Insurance Application
[Name of insurer] claims that no insurance contract was created because
[name of insured] [concealed an important fact/made a false
representation] in [his/her/ nonbinary pronoun/its] application for
insurance. To establish this defense, [name of insurer] must prove all of
the following:
1. That [name of insured] submitted an application for insurance
with [name of insurer];
2. That in the application for insurance [name of insured], whether
intentionally or unintentionally, [failed to state/represented] that
[insert omission or alleged misrepresentation];
3. [That the application asked for that information;]
4. That [name of insured] knew that [specify facts that were
misrepresented or omitted]; and
5. That [name of insurer] would not have issued the insurance policy
if [name of insured] had stated the true facts in the application.
New September 2003; Revised April 2004, October 2004, June 2015, May 2020
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
0e98af44dd58fab10d9e9402f3a08d2e438d68389aad2e9668b7071c38d66718
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